Agenda 12/10/2024 Item #16A 1 (Resolution for final acceptance of the private roadway and drainage improvenments and acceptance of the pat dedications for the final plat of National Golf and Country Club PL20200001505)12/10/2024
Item # 16.A.1
ID# 2024-1714
Executive Summary
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and
acceptance of the plat dedications for the final plat of National Golf and Country Club at Ave Maria, Phase 2,
Application Number PL20200001505, and authorize the release of the maintenance securities in the amount of
$263,991.88.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, and authorize the release the maintenance security.
CONSIDERATIONS:
1. On October 22, 2021, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in the National Golf and Country Club at Ave Maria, Phase 2.
2. The National will maintain the roadway and drainage improvements at Ave Maria Property Owners
Association, Inc., Ave Maria Utility Company, LLLP, Ave Maria Stewardship Community District, and Ave
Maria Master Association, Inc.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on October 1, 2024, and is recommending their
final acceptance.
4. Staff has prepared a resolution for final acceptance, which the County Attorney's Office has approved. The
solution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is
attached.
FISCAL IMPACT: The National will maintain the roadway and drainage improvements at Ave Maria Property
Owners Association, Inc., Ave Maria Utility Company, LLLP, Ave Maria Stewardship Community District, and Ave
Maria Master Association, Inc. The existing security in the amount of $263,991.88 will be released upon Board
approval. The original security in the amount of $1,347,360.07 has been reduced to the current amount of $263,991.88
based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreements
dated February 12, 2021.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in the National Golf
and Country Club at Ave Maria, Phase 2, Application Number PL20200001505, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release the maintenance securities.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENTS:
Page 3972 of 10663
12/10/2024
Item # 16.A.1
ID# 2024-1714
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
Page 3973 of 10663
NATIONAL GOLF AND COUNTRY CLUB
AT AVE MARIA, PHASE 2
LOCATION MAP
Page 3974 of 10663
CONSTRUCTION AND MAINTEN NCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAI NANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this l;+h day of 2021 between Lennar Homes. LLC hereinafrer
refened to as "Develope/', ard Board
refened to as the "Board'.
ounty Commissioners of Collier Cour y, Florida, hereinafler
A. Developer has, simultaneously with
of certain plat of a subdivision to be
e delivery of this Agreement, applied for the apprwal by the Board
NalionalGolfand Countsy Cllb at Ave Maria, Phase 2
B. Chapter 4 and 10 of the Collier County Land Development Code required the Oeveloper to post
appropriate guarantees fior the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a borded agreement for the construction of the required
improvernents.
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: RoadwaYs, storm dlqllgge 8n4llljntrggructllg-
within _36 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision perbrmance security (attached heeto as Exhibit "A" and by
mount of $ $1.347.360.07 which amount represents 10% of the
ction plus 1000/6 of the estimated cost cf to complete lhe
is Agreement
3. ln the event of default by the Develo r or failure of the Developer to complete such improvements within
the time required by the Lard lopment C,ode, Collier County, may call upon the suMivision
performance security to insure ry completion of the required improvements
4. The required improvements shall not be considered complete until a statement of substantial completion
by Developeds engineer along with
approved by the County Manager
Development Code.
final project records have been fumished to be reviaryed and
or his designee for compliance with the Collier County Land
5. The County Manager or designee s I, within sixty (60) days of receipt of the staEment of substantial
completion, either: a) notiry the
his
in writing of his preliminary approval of the improvements; or
refusal to approve improvements, therewith specifyirg those
ust fu lfill in order to obtain the County Managefs approval of the
improvements. Ho,vever, in no event shall the County Manager or designee reftlse preliminary approval
of the improvements if they are in
requirements of this Agreernent.
construc{ed and submitted for approval in accordance with the
6. The Developer shall maintain all
preliminary approval by the County
the Developer has terminated, the
uired improvements for a minimum p€riod of one year afrer
anager or his designee. After the one.year maintenance period by
shall pelition the County Manager or designee to inspocl
the required improvements. The nty Manager or designee shall inspect the improvements and, if
found to be still in compliance with Land Development Code as reflected by final approval by the
Board, the Ebard shall release
Develope/s responsibility br mai
remaining 10% of the subdivision p€rformance security. The
of the required improvements shall continue unless or until
b) notify the Developer in writing
conditions which the Developer m
' th€ Board accepts maintenance rEibility ficr and by the County.
RECITALS:
as:
reference made a part hereoo in the
total contrad cost to complete the
required improvements at the date of
Page 3975 of 10663
7. Six (6) months after the execution of this Agreement and once within e\€ry six (6) months thereafter the
Developer may request the County Manager or designee to reduce the dollar amount of the suMivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of
the suMivision performance security shall be accompanied by a statement of substantial completion by the
Developefs engineer t€ether with the project records necessary fr3r review by the County Manager or
designee. The County Manager or designee may grant the request for a reduc,tion in the amount of the
subdivision performance security for the improvements completed as of the datg of the request.
B. ln the event the Developer shall fail or neglect to fulfill its obligations und6r this Agreement, upon
certification of such failure, the County Manager or designee may call upon the subdivision performance
security to secure satisfactory completion, repair and maintenance of the required improvements. The
Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the improvemenb required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs,togeher with arry damages, eitpr direct or
of the failure of the Developer to fulfill all of theconsequential, which the Eloard may sustain on
provisions of this Agreement.
9. All of the terms, covenants and conditions herein are and shall be binding upon the Dev€loper
and the respective successors and assigns ofthe Devel
lN WTNESS WHEREOF, the Board and the Developer h this Agreement to be executed by
their duly authorized represenlatives this I a{A day of 2021
SIGNED IN THE PRESENCE OF::?tu\;,',o*,,*,,,
wtnes'4a3a--.Al By: Darin Mcillury, Vico President
Pinud tiame: u*1lomrnv ll(an
fta
Witness:
Printed Name:
lPiovla Prcget Eyldence of Authodty)7 2,
ATTEST:/a,ttx "/
CRYSTAL K. KTNZEL: CrEHfr,.
- ./:
BOARD OF COUNTY COtiflSStONERS
OF
COLLIER COUNTY, FLORIDA
aB.to
eBy:_ Deputy
-
Ps;ny tlor, Cha lrrrn
I )u,vi^'D. (,-:17
dEfJr o.Errv
A$irtant County Attomoy
Y
Page 3976 of 10663
E*h'b'l '' A '
FI DELITY GUARANTY AI\I.D A'CCEPT.AN.CE'' CORP.
IRREVoCABLE STANDBY LETTER OT CREDIf NO. FCAC.,IO3S
ISSUER!FIDELITY GT,'ARANTY AND ACCEPTANCE COR?. (Hf,REINAFTER "ISSUER'}
700 Nw loTrn AvENUq sUITE,204
MIAMI, FLORIDA 33I72
PHONE (7E6) 2s7-4JsJ
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DATE OF ISSUE:
PLACE OF EXPIRY:
QATE OF EXPIRY:
FIBRUARY I,2O2I
AT ISSTJER'S COUNTERS LOCATED AT 7OO NW IO7 AVE. SUITE 204
MIAMI, FLORIDA 33I72
RE:
THIS CREDTT SHALL BE VALID UNTIL FEBRUARY II 2022' AND SHALL
THEREATTER BE AITTOMATICALLY Rf,n-EWED FOR SUCCESSIVE ONE-YEAR
PERIODS O\ THE ANNIVERSARY OF THE ISSIIE UNLESS AT LEAST SIXTT (60)
DAYs PRTOR TO ANY SUCII ANNIvERSARY DATE, TI{E ISSUER NOTTFIES THE
BENEFTCIARY IN WRITING BY REGIS?ERED MAIL THAT THE ISSTIER ELf CTS NOT
TO RENEW THIS CREDIT.
APPLICANT:
BENEFICIARY:THE BOARD OF COT'NTY COMMISSIONERS. COLLIER COUNTY, FLORIDA
(HEREINA FTER * BE:TEFICIARY")
C/O GROWTH MANAGEMENT DEPARTMENT
2EOO NORIH HORSESHOE DBIVE
NAPLES, FL.Hl04
AIuOl.rN't:TIP 'TO AN ACGREGATE AMOUNT OF SI.347J6O.O7 (ONE MlLLION THREE HUNDRED
FORTY-SEITN THOUSAND THREE HUNDRED STXTY AND O7|TOO US DOLLARS)
INI,'RAS'I'RUCI't RE COIISTRUCTION
PROJECT NAIIIE: THE NATIOII{AL GOLF AND COUNTRY CL|JB AT AVE MARIA.
PHASE 2
CREDIT AVAILABLE
WITH:ISST'ER
BY: PAYMENT AGAINST I,'OCUIIIENTS DETAILIID IIEREIN AND BINOFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED; AVAILABLE BT, BENEFICIARY'S DRAFI'(S) AT SIGHT DRAWN ON TIIE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENETICIARY'S STATEMENT PI-IRPORTEDLY
I}TANUALLY SIGNED AND DATED BY THE COUNTY MANAGER. OR HIS DESIGNEE. CTRTITYING THAT:
A. "(I) DEVOLOPER HAS FATLED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PI,AT OF A STIBDIVISION KNOWN AS THf,, NATIONAL COLF AND COI.JNTRY CLI.IB
AT AVE MARIA, PHASE 2 AS BEQUIRED BY COLLIER COUNTY OBDINANCES AND RESOLUTIONS (THE
'LAND DEVELOPMENT REGtlI,AT!ONS"); (II) DEVELOPER I{AS REEN GMN WRITTEN NOTICE
DESCRIBING THE EVENT OR CONDI'I'ION O} STJCH DEFAULT IN RE.{SOI\ABLE DETAIL BY CERTIFIED
llIAIL, RETURN RECEIPT REQ[!ESTED; AND (Ill) THE DEFATILT HAS NOT BEEN CURED WITIIIN TllE
CURE PERIOD PR,OVIDED FOR THEREIN, IF ANY.";
OR
B. "A FINAL INSPECI'ION OF TIIE IMPROVEI}IENTS IOR THE NATIONAL COLF AND COUNTRY CLUB AT
AVE MARIA, PHASE 2 AS REQIIIRED BY COLI,IER COI.'NTY ORDINANCES AND RESOLI,ITIONS (THE
*LAND DEVELTOPMENT Rf,ctJLA'fIONS") SATISFACTORY TO COLLIER COUNTI' HAS NOT BEEN
PERFORMED PRIOR TO THE DATE OT f,XPIRY. AND A SATISFACTORY ALTERNATIVE PERFORMANCE
SECURITY HAS NOT BEEN PROVIDED TO AND ACCEPTED BY THE BENET'ICIARY.'
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LENNAR HOMES, LLC. (HER"I,INAFTER'DEVELOPER")
IO4EI BEN C PRATT SIX NIILE CYPRESS PARKWAY
FORT MYERS, FLORIDA JJ966
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Page 3977 of 10663
FIDELITY GUARANTY AND ACCEPTANCE GI
PHONE (305)553-8724
PIAT']Ct
)oRt
)oRl
THrs rs AN TNTEcRAL pART oF LETTER oF cREDtr to. rclc-ztoie ,li0E COBP Fltfht
O'IU iiSELIlY GI.
,N(JE CORP FIOEI
PAGE 2
AND ACCEP TAN(:I
RANiY AND ACCT:}:
DRAFT(S) DRAWN UNDER TIIIS LETTER OF CREDIT SHALL BE MARKED: "DRAr#N tlNDf,,R FIDELITV
GUABANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC.2IO38, DATED FEBRUARY I,2O2I" AND MUST BE
ACCOMPANIED BY TIIIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AM.ENDMENTS, IF ANY. TOR
PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING, AND SLICH
I.'NDERTAKING SI{ALL NOT IN ANY WAY BE MODIFIEDi. AMENDED, OR AMPI,IFIEI} BY REFERf,NCE TO
ANY DOCUMENT.IN6TRUII{ENT, OR AGREEMENT REFERENCED TO HERETN OR IN WHICH THIS LETTER
OF CREDIT RELATES. AND ANY SUCII REFERENCE SIIALL NOT BE DEEMED TO INCORPORATE HEREIN BY
RETERf,NCE ANY DOCUTIENT, INSTRUMENT OR AGREE}IENT.
tssuER Hf,REBy ENGAGEs wrTH BENEFTcTARv TIrAT DRAFT(s) DRAwN utlbrn AND IN coMPLIANCE
WITI{ TTIE TERMS AND CONDTTIONS OF THIS CR,EDIT WILL BE DTILY HONORDD BY ISSIIER TF PRTSENTED
WITHIN 'I'HE VALIDITY OF THIS CREDIT TOCETHER WITI{ TIIE DOCUMENTS REQUIRED TIEREIN AT THE
PLA{E OF EXPIRY PRIOR TO 4:00 P.M. EST. ON OR PRIOR TO THE DATE OF EXPIRY. PRESENTATIONS IVIAY
BE MADE BY CERTIFIEDOR REGISTERED MAIL,R.E,TURN RECEIPT REQUESTEDOR BY FEDI,RAL EXPRESS
OR ANY OTHER NATIONALLY R.ECOGNIZED COURIER COMPANY.
THIS CREDIT TS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENT.ARY CREDTTS (2007
REVISION) INTERNAI'IONAL CHAMBER OF COMMERCE PUBLICATION NO.600.
FIDEI,ITY GT]ARANTY AND ACCEPI'ANC[, CORP.
VICE PRESIDENT
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Page 3978 of 10663
*1fuCrOttUW
Gro,vth Management Department
Development Review Division
November 19,2021
Jacqueline De Souza
Fidelity Guaranty and Acceptance Corp.
700 NW 107 Ave. Suite 204
Miami, FL. 33172
This reduction will become effective upon our receipt of an Original Amendment to the
Letter of Credit.
If I can be ofany further assistance to you in this regard, please let me know'
Sincerely,
10flN H0ULDSU|OR|il
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Cc: Jack McKenn4 P.E., County Engineer
Project File
Dsvetrn€rtReryiyth,t{xl'2E6}tctr}kneJreOiw.Mdes,Baih31i01.239252-2/m.xw.okgo/nd
RE: Your Irrevocable Standby Letter of Credit No.FGAC-21038
Lennar Homes, LLC. - National Golf and Country Club at Ave Maria, Phase 2
PL20200001s05
Dear Ms. De Souza:
Please be advised that based on the work completed and inspected to date, the subject
Letter of Credit may now be reduced by $1,083,368.19, leaving an available balance of
$263,991.88. The remaining value represents the required 1070 maintenance guaranty of
$122,487.28, plus 100% ofthe value ofthe work remaining, which is S141,504.60
An original Amendment should be directed to this office reducing the value of the
security, "all other terms and conditions oforiginal Letter of Credit to remain in full force
and effect".
Page 3979 of 10663
F'|DEL'," o,y,on1iiilf;ls1
:!;5l,lo*cE
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PHONE (305)553-8724
NOvE\lBER 30. 2021
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC.2IO]8
ISSIIER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSL,ER")
7OO NW IOTTII AVENUE, SUITE 204
MIANTI, FLORIDA 3]I72
PHONE (786) 257J353
APPLICANT: LENNAR HOMES, LLC. (HEREINAFTER "DEVELOPER")
IO48I BEN C PR{TT SIX }IILE CYPRESS PARKWAY
FORT MYERS. FLORIDA 33956
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA
(HEREINAFTER "BENEFICIARY")
C/O GROWTH MANAGEMENT DEPART}IENT
28OO NORTH HORSESHOE DRIVE
NAPLES. FL 3410,1
AMOUNT: USD $263,991.88 (TWO HUNDRf,D SIXTY-THREE THOUSAND NINE HUNDRED
NINETY.ONE AND 88/IOO TJS DOLLARS)
RE: INFRASTRUCTURE CONSTRUCTION
PROJECT NAME: THE NATIONAL GOLF AND
FIOEiITY GUArlAt!TY rrl.lO AaCEi-AIJCE COIrP FIOE PHASE 2 .lr!a) ACCEPIAfIOE iIOFP FrtrELrIY GlAllANIv AND ACC
Gf,NTLEMf,N:
TO AMEND Lf,TTER OF CREDIT NO. FCAC-2IOJ8 AS ISSUED IN I'OUR TAVOR
THIS AMENDMENT IS AN INTEGR{L PART OF THE ORIGII.iAL CREDIT. ALL OTHER TERMS AND
CO\DITIONS OF THE LETTER OF CREDIT INCLUDING PREVlOUS AI\IENDMENTS RE}IAI-\ LNCHA\CED.
AMENDED TERMS:
REDUCE DOLLAR -{MOUNT FROM: $1,347J60.07 TOr $261,991.88.
IMMEDIATE NOTIFICATION 1!IUST BE GIYEN TO US IF THIS AMENDMENT IS NOT ACCEPTED.
THIS IS AMENDMENT NO. I.
YER}' TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
EPTANC€ CONP F]DTLlTY GUABANIY AIi' ACCT
rIDEL]iY (JUAFANTY A\]J TANCE COAP TIOELIry G|]ARANry ANO AC'€P-IAN(
ACcEPTANCE OORP TIOEL TY GI]ANANlv ANOACCI
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FIOEIITY qIJAHANIY ANO ACCEPIANCE COFP FIDEUTY OUAIIANTY ANIJ ACCEPIANi:T CORP
FIDELTTY GUARANIY AND ACCEP1ANCE COBP FIDF! IIY GUABAi! IY Ar',iD ACCLPIANCE
FlDELrl_Y G ,\PANIv i\NO aCCaPTANaE COAP FIDELT-iY GTTAUANIi Al!D ACCEpT^Na;E aCEF
f i]tlI IY GUN HANTY AND ACCTPIANCI] OORP FIO{:LITY G].JAAANIY AND ACCL-PTANCi:
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Page 3980 of 10663
RESOLUTION NO.24-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COT]NTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN NATIONAL GOLF AND
COUNTRY CLUB AT AVE MARIA, PHASE 2,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 68, PAGES 97 THROUGH 99, ANID RELEASE
OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on January
26, 2021, approved the plat of National Golf and Country Club at Ave Maria, Phase 2 for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No. 04-41, as amended); and
WHEREAS, the Developer is requesting f,rnal acceptance of the roadway and drainage
improvements and release of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in National Golf and
Country Club at Ave Maria, Phase 2, pursuant to the plat thereof recorded in Plat Book 68, Pages
97 through 99, and the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within National Golf and Country Club at Ave Maria, Phase 2 will be maintained
privately in the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
day of 2024.
DATE: BOARD OF COLTNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
By
Deputy Clerk
Approved as to form and legality:
Chris Hall, Chairman
Derek D. Perry
Assistant County Attorney
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